Few legal issues are as personal as guardianship disputes. When the court steps in to decide who should care for a vulnerable loved one—whether a child, an aging parent, or an adult with special needs—emotions run high. Families often disagree about what’s best. Add in concerns about finances, caregiving ability, or possible abuse, and suddenly what was meant to protect someone can turn into a painful legal battle.
At the Law Offices of Keith Wier, PLLC, I help families navigate these challenges. As a guardianship litigation lawyer, my role is to protect your rights and your loved one’s well-being, whether you’re challenging a proposed guardianship, defending against claims of misconduct, or working through probate-related disputes.
Guardianship is a legal process where the court appoints someone (a guardian) to make decisions for another person (a ward) who cannot make those decisions themselves. This might include:
The guardian may control personal decisions (like medical care and living arrangements), financial matters, or both.
It’s a system designed to protect vulnerable people, but because it gives one person significant authority over another, it often becomes controversial.
Guardianship disputes can arise for many reasons. Some of the most common include:
Not everyone agrees on whether a guardianship is necessary—or who should serve as guardian. A contested guardianship attorney helps present evidence and arguments to the court about what arrangement best serves the ward’s interests.
If a guardian mismanages money, neglects responsibilities, or oversteps boundaries, concerned family members or others may challenge the guardianship in court.
Sometimes multiple people petition to be named guardian. This can happen in blended families, or when siblings disagree about who is best suited for the role.
Texas law requires courts to consider less restrictive alternatives before imposing a full guardianship. Families sometimes disagree about whether alternatives—like a power of attorney—are enough.
Guardianship litigation often overlaps with probate matters. For example:
In these cases, you need someone who understands both probate and guardianship disputes to help untangle the overlapping legal duties.
In my experience, guardianship cases are rarely just about the law. They’re about people, families, and long histories of relationships. I’ve seen siblings who never fought before suddenly end up in court, each believing they’re doing what’s best for mom or dad. I’ve also worked with parents of adult children with disabilities who struggled to balance independence with protection.
One case that sticks with me involved an elderly parent with dementia. Two siblings couldn’t agree on how to care for him. One believed a full guardianship was necessary; the other thought a less restrictive option would suffice. What began as a disagreement turned into a legal battle, but through careful litigation—and a lot of listening—we were able to create a resolution that protected the parent without stripping away all of his independence.
That’s the kind of balance these cases require: compassion for the person at the center, combined with clear legal advocacy.
Here’s what you can expect if you work with a guardianship litigation lawyer:
Is guardianship permanent?
Not necessarily. Guardianships can be modified or terminated if circumstances change.
Can a guardian be removed?
Yes. If a guardian abuses their power, fails to meet responsibilities, or acts against the ward’s best interests, the court can remove them.
Are there alternatives to guardianship?
Sometimes. Powers of attorney, trusts, or supported decision-making agreements may serve as less restrictive options.
Do these cases always go to trial?
No. Some disputes can be resolved through mediation or negotiated agreements. But when necessary, the court will make the decision.
At the Law Offices of Keith Wier, PLLC, I know guardianship disputes are about more than paperwork—they’re about families facing hard questions. My approach is straightforward: listen, explain your options in plain English, and create a strategy that makes sense for your situation.
You don’t just need someone who knows probate law. You need someone who understands the unique challenges of probate and guardianship disputes and is ready to stand with you in court when the stakes are this personal.
Learn more at www.keithwierlaw.com.
Guardianship disputes are never easy. They touch on family, dignity, independence, and trust. But with the right legal guidance, you can protect your loved one and bring clarity to a confusing process.
If you need a contested guardianship attorney in Texas—whether you’re challenging, defending, or simply trying to understand your options—reach out to the Law Offices of Keith Wier, PLLC. Together, we can work toward a resolution that balances legal protection with compassion.
Visit www.keithwierlaw.com for more information or to set up a time to talk.